The Federal Trade Commission on Wednesday said it will appeal a federal judge’s decision to deny a request for a preliminary injunction that would have prevented Microsoft from closing its $68.7 billion acquisition of game publisher Activision Blizzard.

The decision comes one day after Judge Jacqueline Scott Corley, at the U.S. District Court for the Northern District of California, ruled in favor of the two companies.

CNBC reported earlier on Wednesday that FTC could bring the judge’s decision to the 9th Circuit appeals court.

On Wednesday Activision Blizzard CEO Bobby Kotick told CNBC’s Julia Boorstin, “I’d be surprised if they would waste taxpayer resources on something like that,” referring to an FTC appeal. Kotick said he didn’t think the appellate court would grant a stay.

The FTC declined to comment on its legal response to the judge’s decision. The agency is moving fast, as Microsoft is looking to close the acquisition by July 18.